Construction Defect Claims – Grounds for Filing a Claim
6 Possible Grounds to File a Construction Defect Claim
Are you an Arizona property owner who recently experienced property damage due to a construction flaw? You may have grounds to file construction defect claims.
With an experienced team that includes a construction defect attorney in Arizona, The Anthony Law Group can advocate on your behalf. Learn the specific construction defects that give you grounds for filing a claim and the potential benefits of seeking an attorney after faulty construction projects damage you.
What Is a Construction Defect Claim in Arizona?
What qualifies as a construction defect? House Bill 2578 states a defect has the following characteristics:
- A material defect in design, remodeling, or other process
- Violation of construction codes
- Use of defective materials
- Failure to adhere to workmanship standards
To file your claim, you must show that the defect caused damages.
6 Reasons You Can File a Claim for Construction Defects
Causation matters in successful defect claims. Contact an attorney for help proceeding through the claims process if you notice one of the following construction defects.
1. Design Defects and Inadequate Structural Support
Design flaws remain a major cause of construction defect claims. These defects include failure to provide proper support for load-bearing structures and improper drainage that leads to frequent flooding.
Contractors undergo significant training and certification for a reason. Arizona is one of the many states that holds them liable for design flaws. If you can prove your home has a design flaw, a lawsuit may help you recover and start the repair process.
2. Using Substandard Materials
Not every construction contractor operates in a trustworthy way. Some may cut corners and commit fraud by using faulty or subpar materials for projects. They usually do this without decreasing the price you pay so they can gain profit by reducing costs.
If you are someone with faulty materials in their home, you may not notice it until something fails. For example, a home’s foundation should last between 80 and 100 years, but your structure may deteriorate decades early if a contractor cuts corners.
3. Property Defects From Poor Workmanship
If your contractor did not use the proper methods when they installed features in your home, you will notice it eventually. The signs of poor home construction that you can use in court to argue your case include:
- Cracked foundations or walls soon after a home’s construction
- Sagging or uneven floors despite little wear and tear
- Early plumbing leaks and drainage problems even with proper maintenance
- Water damage on ceilings or walls without explanation
- Electrical issues, like frequent shorts or loose wires, despite having a newer system
These issues increase the risks of living in your home, and you may feel overwhelmed with the repair estimate to fix the damage. An experienced attorney can come to your defense and focus on securing your future.
4. Lack of Adherence to Building Codes
A building that does not adhere to building codes can give you grounds to file construction defect claims. The common ways a building can experience code violations include:
- Lack of ground fault circuit interrupters in bathrooms and kitchens
- Handrails that turn into the wall at the ends
- Failure to install proper bathroom venting
- Wiring connections installed outside a junction box
- Missing egress windows in the basement
- Critical lack of fire alarms
- Windows with risks of shattering due to the absence of safety glass
- Low ceilings over stairs
- Builders that don’t seek proper permits
- Hastily removing asbestos or hazardous materials in a way that does not mitigate or eliminate the risks
- Not protecting plumbing pipes with proper support
5. The Contractor Committed a Breach of Contract
How can a construction contractor breach your agreement when building your home? In general, you have cause for a court case or lawsuit if you can determine they did not meet a responsibility outlined in your contract.
Contractors can violate their contracts in several ways. For example, they can use materials of lower quality without your knowledge. A lack of communication could also leave the builders liable if they missed deadlines or did not outline certain risks at the construction site.
6. Your Home Has Latent Defects
You should file construction defect claims if your building develops problems you did not or could not notice until years later. Some problems do not develop until a much later date. You can still respond to the issue by filing a claim against the builders who completed the construction project.
How an Arizona Lawyer Can Help Your Claim
How can a lawyer help you file a claim when your building has construction defects? An experienced firm can help you in several ways:
- They can launch an investigation to help prove the construction crew operated with negligence.
- They can work with insurance carriers to help you recover damages and recover some costs, regardless of the outcome of your case.
- Attorneys can help clients gather the right construction documents that can provide the extent to which the construction defects in your building increase your risks of injury and damage.
- They can review all the details and prepare a defense that helps you find financial security after a faulty construction project.
- Attorneys can help clients evaluate their relationship with building contractors and determine whether a lack of communication increases the risks of construction defects.
- Lawyers contact other clients of the construction business to determine if they have an example of a failed project or increased risks.
- Attorneys can identify ways construction businesses didn’t mitigate risks or protect their clients from a lack of proper testing or construction site maintenance.
Schedule a Consultation with an Experienced Lawyer Today
When you need to prepare construction defect claims, contact The Anthony Law Group. Our firm of experienced lawyers will come to your aid and work with insurance to help you repair your home. We are an example of lawyers who go out of their way to help.
We know all the limitations of your case and help you maintain your financial security by giving you a higher chance of success than simply working with insurance. We resolve to maintain consistent updates so you are never left in the dark about our progress.
To schedule a consultation, call 602-362-2396.